Expelled from the association: challenge the expulsion

An association expulsion is the most severe interference with membership. It is only permissible if the statute provides for it, a ground named in the statute exists and the prescribed procedure, in particular the hearing, was observed. Errors make the expulsion challengeable.

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An expulsion requires a basis in the association's statute, a ground for expulsion named there and a proper procedure. As a rule, the member must be heard beforehand.

If the procedure was not observed (e.g. no hearing, wrong body, no statutory ground) or the expulsion is disproportionate, you can challenge it, in the association procedure and, if necessary, in court.

What you should do now

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1. Check the statute
Does the statute provide for the expulsion, which ground is named and which body decides?
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2. Review the procedure
Were you heard? Was the prescribed deadline and form observed? Errors are points of attack.
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3. Proceed internally
Use an internal legal remedy provided for in the statute (e.g. an appeal to the members' meeting).
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4. Clarify in court
If that does not help, the expulsion can be reviewed in court, courts examine procedure and proportionality.

How to spot the scam

You were not heard before the expulsion.
The ground for expulsion is not in the statute.
A body without jurisdiction decided.

Frequently asked questions

When is an association expulsion permissible?

Only if the statute provides for it, a ground for expulsion named there exists and the prescribed procedure was observed, as a rule including a hearing of the member. If one of these conditions is missing, the expulsion is attackable.

How do I defend against the expulsion?

First via an internal legal remedy provided for in the statute, for example an appeal to the members' meeting. If that remains unsuccessful, the expulsion can be reviewed in court. Courts check the procedure and proportionality.

What are common errors in an expulsion?

A missing hearing, a ground for expulsion not anchored in the statute, a decision by a body without jurisdiction or a disproportionate expulsion. Such errors often lead to the invalidity of the expulsion.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.